(a) No person shall for compensation sell or offer for sale transportation subject to this chapter or shall make any contract, agreement or arrangement to provide, procure, furnish or arrange for such transportation or shall hold himself or itself out by advertisement, solicitation or otherwise as one who sells, provides, procures, contracts or arranges for such transportation, unless such person holds a broker's license issued by the commission to engage in such transactions; provided, that no such person shall engage in transportation subject to this chapter unless he holds a certificate or permit as provided in this chapter. In the execution of any contract agreement or arrangement to sell, provide, procure, furnish or arrange for such transportation, it shall be unlawful for such person to employ any carrier by motor vehicle who or which is not the lawful holder of an effective certificate or permit issued as provided in this chapter; and provided further, that the provisions of this paragraph shall not apply to any carrier holding a certificate or a permit under the provisions of this chapter or to any bona fide employee or agent of such motor carrier, so far as concerns transportation to be furnished wholly by such carrier or jointly with other motor carriers holding like certificates or permits or with a common carrier by railroad, express or water.
(b) A brokerage license shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found, after public hearing of the application, that the applicant is fit, willing and able properly to perform the service proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the commission thereunder, and the proposed service, to the extent authorized by the license, is or will be consistent with the public interest and the provisions of this chapter; otherwise, such application shall be denied.
(c) The commission shall prescribe reasonable rules and regulations for the protection of travellers or shippers and receivers of property by motor vehicle operated by motor carriers subject to this chapter, to be observed by any person holding a brokerage license, and no such license shall be issued or remain in force unless such person shall have furnished a bond or other security approved by the commission, in such form and amount as will insure financial responsibility and the supplying of authorized transportation in accordance with contracts, agreements or arrangements therefor.
(d) The commission and its special agents and examiners shall have the same authority as to accounts, reports and records, including inspection and preservation thereof, of any person holding a brokerage license issued under the provisions of this section, that they have under this chapter with respect to motor carriers subject thereto.
(e) The word "transportation," as used in this section, means the transportation of property by carriers other than common carriers of passengers.
Structure Code of Alabama
Title 37 - Public Utilities and Public Transportation.
Chapter 3 - Motor Vehicle Carriers.
Section 37-3-3 - Applicability of Chapter to Interstate Commerce.
Section 37-3-6 - Proprietary or Property Rights in Use of Highways Not Conferred by Chapter.
Section 37-3-7 - Powers and Duties of Commission Generally.
Section 37-3-8 - Commission Members Not to Have Pecuniary Interest, etc., in Carriers or Brokers.
Section 37-3-9 - Disposition of Matters Requiring Hearing.
Section 37-3-11 - Certificate of Public Convenience and Necessity - Issuance Generally.
Section 37-3-12.1 - Grant of Intrastate Charter Rights to Certain Common Carriers Authorized.
Section 37-3-13 - Contract Carrier Permits - Generally.
Section 37-3-14 - Contract Carrier Permits - Dual Operations.
Section 37-3-15 - Licensing and Regulation of Brokers.
Section 37-3-17 - Transfer of Certificates or Permits.
Section 37-3-18 - Bond or Other Security.
Section 37-3-20 - Tariffs of Common Carriers.
Section 37-3-22 - Accounts, Records and Reports.
Section 37-3-23 - Bills of Lading.
Section 37-3-23.1 - Unenforceability of Certain Motor Vehicle Transportation Contract Provisions.
Section 37-3-24 - Effective Date of Commission Orders.
Section 37-3-25 - Penalties for Violations.
Section 37-3-26 - Collection of Rates and Charges.
Section 37-3-30 - Additional Compensation of Commission Members.
Section 37-3-31 - Appropriation.
Section 37-3-32.1 - Administration of Unified Carrier Registration Act of 2005.
Section 37-3-33 - Municipal Privilege License Fees or Taxes.